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Indictable offence
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In many common law jurisdictions (e.g. the United Kingdom, Canada, United States, India, Australia, New Zealand), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury. In trials for indictable offences, the accused normally has the right to a jury trial, unless he or she waives that right. In the United States, a crime of similar severity is usually referred to as a felony although it too proceeds after an indictment.
In
English law the term refers to
either way and indictable only offences. An either way or hybrid offence allows the defendant to elect between trial by jury on indictment in the
Crown Court and summary trial in the
Magistrates' Court. However, the election may be overruled by the court of first instance if the facts suggest that the
sentencing powers of a Magistrates' Court would be inadequate to represent the seriousness of the offence. Some offences such as
murder and
rape are considered so serious that they can only be tried on indictment at the Crown Court where the widest range of sentencing powers is available to the
judge.
See also
